Welcome to the website of the Wisconsin Labor and Industry Review Commission. LIRC is an independent administrative agency which decides appeals in cases involving Unemployment  Insurance (UI),  Worker's Compensation (WC), and  Equal Rights (ER). Information available at this website includes:			In Brief -  WC decisions added 2/1 ; UI decisions added 1/26 Court of Appeals certifies WC case to Supreme Court Furlough day office closings
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October 14, 2009 -- The Court of Appeals today certified Society Insurance v. LIRC, appeal no. 2008AP003135, to the Supreme Court for review and determination.  The case involves the retroactive application of Wis. Stat. § 102.17(4) as amended by 2005 Wis. Act 172.  As amended, the statute shifts liability for certain traumatic injury claims from the Work Injury Supplemental Benefit Fund to self-insured employers or WC insurers.  Noting that the language of the Act made it clear the legislature intended the change to apply retroactively, the commission’s decision affirmed an ALJ’s decision holding a WC insurer liable for expenses related to a 1982 injury. 

 On judicial appeal, the circuit court reversed the commission’s decision.  In its certification, the Court of Appeals stated:

“The bottom line is whether the legislature has violated the constitutional rights of employers and their worker’s compensation carriers by retroactively shifting the burden of ongoing disability compensation from the state to the insurer.  It is undisputed that retroactive legislation enjoys a presumption of constitutionality.  Furthermore, case law supports the proposition that a statute of limitations may be applied retroactively.  Here, however, the risk of substantial, unanticipated exposure for worker’s compensation insurers will have a widespread financial impact on Wisconsin employers and insurers alike.  Moreover, the lack of any express legislative public purpose for retroactivity presents a dilemma when balancing competing interests.  Given the potential for significant financial liability to insurers and employers, this case is one of statewide concern and continuing public interest.  [Citations omitted].”

Special Announcement regarding office hours -- Due to State employee furloughs, the offices of LIRC will be closed for business on:

• Monday, February 15, 2010 (President's Day)
   
• Friday, May 28, 2010 (Friday before Memorial Day)

Additional furlough day closings will be announced in the future.

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This page was last updated February 01, 2010.